Act No. 330 / 2024 Coll.
Act on extraordinary support of persons affected by floods in 2024 and amending Act No. 111 / 2006 Coll., on aid in material emergency, as amended
Valid
Law
Effective from 08.11.2024
Text versions:
08.11.2024
07.11.2024
330
THE LAW
of 31 October 2024
on exceptional support for persons affected by floods in 2024 and amending Act No. 111 / 2006 Coll., on aid in material distress, as amended
Parliament has decided on this law of the Czech Republic:
CURRENT AID FOR PERSONS ACHIEVED WITH FRUIT IN 2024
Preliminary provisions
For the purposes of this Act, floods are defined as floods under § 64 paragraphs 1 and 2 of the Water Act, which began on the territory of the Czech Republic on 13 September 2024.
Provision of medical fees
(1) Save as otherwise provided in this Title, the sickness insurance law shall apply.
(2) Entitlement to the treatment shall also be granted as a result of flooding under the conditions laid down in this Title and shall continue for the duration of the consequences of flooding, but no later than 31 March 2025.
(3) A decision of the Director of such an establishment or school on such closure shall also be considered as a regulation by the competent authority on the closure of an establishment or school or parts thereof pursuant to Article 39 (1) (b) (1) (1) of the sickness insurance law.
(4) The establishment referred to in Article 39 (1) (b) (1) of the sickness insurance law shall also be considered to be a facility intended for the care of persons who are dependent on the assistance of another person at least at stage I (light dependency) under the Social Services Act.
(5) The right to medical treatment under Article 39 (1) (b) (1) of the sickness insurance law and the right to medical treatment under this Title shall also:
(a) an employee who is active under an employment agreement, an employee who is active under an agreement to carry out a job or an employee participating in a sickness insurance scheme on the basis of a small-scale employment contract, if he is an employee in an employment relationship or an employee who is active under an employment agreement; or
(b) a self-employed person participating in sickness insurance.
Conditions for entitlement to medical fees
(1) A staff member who is unable to work or a self-employed person who is unable to pursue a self-employed activity shall also be entitled to medical care, for reasons of care
(a) an unprovided child who is dependent on the assistance of another natural person at least at stage I (light dependency) under the Social Services Act and cannot attend school due to its closure due to flooding;
(b) a person over 10 years of age who is placed in an establishment as referred to in Article 2 (4) but cannot visit that establishment because of its closure due to flooding; or
(c) an unprovided child with special educational needs under the Education Act, if there is a child with serious developmental behavioural disorders, concurrent disabilities with multiple defects or autisme1), who has been issued a recommendation from a school counselling institution for the purpose of establishing supportive measures for his or her education2) (hereinafter referred to as "a child with special educational needs") if he / she cannot attend school due to its closure due to floods.
(2) The child's insecurity is assessed under the Pension Insurance Act.
(3) An employee who is active under an agreement on the performance of a job, an employee who is active under an agreement on employment or a small-scale employee when he is engaged in an employment relationship or an employee who is active under an agreement on work which does not participate in sickness insurance in the calendar month in which the need for care arose, shall also be entitled to medical treatment if he has been involved in sickness insurance in at least three calendar months immediately preceding the calendar month in which the need for care arose due to the duration of the subsequent floods.
(4) The right to self-employed persons shall be subject to participation in sickness insurance as a self-employed person under Section 11 of the sickness insurance law for at least three months immediately preceding the date of the need for care.
(5) Entitlement to the medical allowance for which entitlement under this Title has been acquired shall cease to exist if the staff member is employed or if the self-employed person is employed.
Support period and payment of medical fees
(1) The period of support for nursing care shall be extended by the period during which the closure of the establishment or school or parts thereof took place pursuant to Article 39 (1) (b) (1) of the sickness insurance law or Article 2 (4) as a result of the floods, but not later than 31 March 2025.
(2) In the context of the support period provided for in paragraph 1, the period from the date of entry into force of this Act until 31 December 2024 may be replaced in accordance with the first sentence of Paragraph 39 (4) of the First Sickness Insurance Act even more than once, with more than 2 authorisations being replaced; the replacement is not possible in one calendar day. For the period from 1 January 2025 to 31 March 2025, the first sentence shall apply mutatis mutandis, according to the first sentence of Paragraph 39 (5) of the First Law on sickness insurance. The conditions for entitlement to the medical and decision-making periods shall be assessed for each creditor on the date of first taking custody.
(3) The payment of the nursing care allowance for the period extended pursuant to paragraph 1 shall be treated mutatis mutandis under Section 110 of the sickness insurance law.
(1) The allowance shall be paid for each calendar month for the days of care declared on the prescribed form; in the case of replacements pursuant to Article 4 (2), the date on which the child or another person was taken care of by another authorised person shall also appear on this form.
(2) In order to qualify for the payment of medical benefits under § 109 (5) (b) of the sickness insurance law in the event of the closure of an establishment or school or parts thereof pursuant to § 39 (1) (b) (1) of the sickness insurance law or under § 2 (4) as a result of the floods, the certificate of closure of that establishment or school or part thereof shall be replaced by a declaration of the staff member or self-employed person applying for the medical care service during the period from the date of entry into force of this Act until 31 December 2024; This shall apply mutatis mutandis to the duration or termination of such closure. In order to qualify for the payment of the sickness insurance provided for in Section 109 (5) (b) of the sickness insurance law in the event of the closure of an establishment or school or parts thereof pursuant to Section 39 (1) (b) (1) of the sickness insurance law or under Section 2 (4) as a result of the floods, the notification of the identification form for the closure of that establishment or school or part thereof shall be replaced by a declaration of the staff or self-employed applying for the medical care. The application for medical treatment shall state the name and, where applicable, the name, surname and surname and / or date of birth, unless the birth number is assigned, of the child or person referred to in Article 3 (1) (b), and the name and address of the establishment or school to which the child or that person is visiting. In addition, the entitlement to the medical fees provided for in Article 3 (1) (c) shall be certified by the school's confirmation stating that they are children with special educational needs under Article 3 (1) (c). Paragraph 97 (1) of the last sentence and Paragraph 106 of the sickness insurance law, if it is a confirmation of the closure of an establishment or school or parts thereof, as referred to in the first sentence, shall not apply.
(3) The employer is obliged to confirm, on the prescribed form, the facts relevant to the claim for medical treatment in the case of staff members under Section 3 (3); a breach of this obligation shall be regarded as a breach of the obligation under Section 97 (1) of the sickness insurance law.
(4) At the request of a staff member or self-employed person, the School is required to certify, for the purposes of nursing care, that it is a child with special educational needs as referred to in Article 3 (1) (c); a breach of this obligation is deemed to be an infringement under Section 106 of the sickness insurance law.
The establishment or school referred to in Article 39 (1) (b) (1) of the sickness insurance law or in Article 2 (4) shall be required to communicate, for the purposes of checking at the request of the sickness insurance authority, the information necessary to verify the facts referred to in Article 5 (2); a breach of this obligation is deemed to be an infringement under Section 106 of the sickness insurance law. The invitations referred to in the first sentence shall be submitted and the data shall be communicated in electronic form in such a way as to enable remote access, unless another agreement is reached between the establishment or school and the sickness insurance institution.
For the purposes of pension insurance, the period referred to in Article 16 (4), third sentence, point (a) of the Pension Insurance Act shall also be considered as the period for which the medical care is provided under this Title.
The provisions of the Social Security Insurance Act and the contribution to the State Employment Policy concerning calendar months in which a self-employed person was entitled to the payment of sickness benefits, maternity benefits or long-term nursing benefits from the sickness insurance of self-employed persons, shall apply mutatis mutandis to the entire calendar month for which that person has been entitled to the sickness insurance of self-employed persons under this Title during the period from 13 September 2024 to 31 March 2025.
In accordance with this Title, the assessment of the claims for medical care for the period from 13 September 2024 to the date of entry into force of this Act shall also be carried out.
Entitlement to leave with a service income
(1) Unless otherwise provided for in this Title, the provisions of the Law on the service relationship of members of the Security Corps shall apply mutatis mutandis to the provision of duty leave with the provision of service income under this Title.
(2) An entitlement to leave of service with the provision of a service income pursuant to Paragraph 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps shall also arise as a result of flooding under the conditions laid down in this Title and shall last from 13 September 2024 for the duration of the consequences of flooding, but not later than 31 March 2025.
(3) A member of the Security Corps who is unable to carry out a child care service or a person referred to in Article 3 (1) shall also be entitled to leave the service provided for in Article 70 (2) (f) (1) of the Law on the service of members of the Security Corps under the conditions laid down in Article 3 (1).
(4) A decision by the Director of that establishment on its closure shall also be considered as a regulation of the competent authority on the closure of an establishment under Paragraph 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps.
(5) The provision provided for in Paragraph 70 (2) (f) (1) of the Act on the service relationship of members of the Security Corps shall also mean equipment intended for the care of persons who are dependent on the assistance of another person at least in Level I (easy dependency) under the Social Services Act.
(6) The period of leave of service, with the provision of a service income pursuant to Article 71 (2) of the Law on the service relationship of members of the Security Corps, is extended by the period during which the closure of the establishment or school took place as a result of the floods, but no later than 31 March 2025. The maximum periods under Article 71 (2) of the Law on the service relationship of members of the Security Corps shall not apply.
(7) Staff leave with the provision of the service referred to in paragraph 1 may be granted to more than one eligible member if they take the same place of care. Replacement is possible several times, but is not possible in one calendar day. A member may, in the same case, take turns with a non-member.
(8) A member may prove the closure of an establishment or school as a result of flooding by a declaration; This shall apply mutatis mutandis to the duration or termination of such closure. The declaration shall indicate the name and, where applicable, the name, surname and surname and / or date of birth, if no birth number is assigned, the child or the person he looks after and the name and address of the establishment or school concerned. In the case of a person referred to in § 3 (1) (c), the member shall also document the school's confirmation indicating that he is a child with special educational needs. The school shall, upon request, confirm to the member that he is a child with special educational needs.
Providing emergency immediate assistance
Provision and entitlement to emergency immediate assistance benefit
(1) Save as otherwise provided in this Title, the law on assistance in material distress shall apply.
(2) For the purposes of this Title, a person who has been directly affected by floods shall be regarded as a person in material distress.
(3) A person in material need is entitled, under the conditions laid down in this Act, to an emergency immediate allowance in the form of financial aid to cover temporary replacement accommodation as a result of floods.
(4) Entitlements under this Title shall remain for the duration of the consequences of flooding, but shall not exceed 31 December 2025.
(5) In cases of emergency immediate assistance benefit provided for in this Title, the residence condition in the Czech Republic shall not be identified.
(6) The entitlement to an emergency emergency assistance allowance under this Title is only incurred if the person or persons jointly assessed with it are obliged to use temporary replacement accommodation for reimbursement because, as a result of the floods, the construction in which they had lived permanently has become unhabitable or had to be removed and cannot, in view of the circumstances and their situation, benefit from suitable replacement accommodation other than temporary replacement accommodation.
(7) In accordance with this Title, the assessment of the entitlement to emergency immediate assistance benefit shall be carried out for the period from 13 September 2024 until the date of entry into force of this Act.
Request for emergency emergency assistance
(1) The application for emergency immediate assistance provided for in Article 11 (3) shall contain, in addition to the formalities laid down in the administrative rules:
(a) data on persons jointly assessed with the applicant for the dose;
(b) the actual amount of the monthly cost of the temporary replacement accommodation per person of the applicant and of persons jointly assessed with him;
(c) an assessment by the Czech Chamber of Authorised Engineers and Technicians working in the construction that the applicant and the persons jointly assessed with him cannot live in the building in which they were resident until then or it is necessary to remove the building,
(d) proof of the legal title for the use of temporary replacement accommodation or any other document showing that the applicant and the persons jointly assessed with him have used the accommodation for a specified period of time,
(e) proof of the legal title for the use of the building in which the applicant and the persons jointly assessed with him have lived, and
(f) an affidavit by the applicant stating that, before the floods were hit, he or she lived permanently on his or her own, or with the persons examined together, in a construction which, as a result of the flooding, became uninhabitable or had to be removed, and that, in view of the circumstances and their situation, they cannot benefit from suitable alternative accommodation other than temporary replacement accommodation for reimbursement under this Title.
(2) If the submission of the opinion referred to in paragraph 1 (c) for applicants for emergency emergency assistance is associated with a difficult obstacle, the Labour Office of the Czech Republic is the fact that a person and jointly assessed persons cannot live in their original building due to flooding, it may verify by an on-the-spot investigation or the competent municipal authority may confirm this to the applicant, or it may be established by the Czech Labour Office in another way.
Emergency emergency assistance procedure
(1) In an emergency emergency assistance procedure under this Title, a decision shall be drawn up in writing only if exceptional immediate assistance has not been granted. Where the decision or notification is not made in writing, it shall be recorded only on the file.
(2) The decision or, where appropriate, notification may be the first act of the administrative authority in the proceedings and shall become enforceable by making an alert on the file. The decision and, where appropriate, the notification shall be made in writing and notified to the beneficiary of emergency immediate assistance only if requested within 15 calendar days of the date of payment of the aid. If it is not followed in accordance with the second sentence, the decision or, where appropriate, the notification shall become final by the expiry of the period specified therein.
Amount of the emergency immediate assistance benefit and the manner in which it is paid
(1) The amount of the emergency immediate assistance allowance provided for in Article 11 (3) is the actual amount of the cost of the temporary replacement accommodation, but not more than monthly
(a) 15 000 CZK per person,
b) 18,000 CZK for 2 persons,
(c) 21 000 CZK per 3 persons, or
d) 24,000 CZK for 4 or more people.
(2) Exceptional immediate assistance may also be provided in aggregate over several months.
(3) The grant of emergency immediate assistance under this Title shall be in the form of direct remuneration. Where this method of payment cannot be used, the payment may be made to the applicant's bank account or the persons referred to in the joint assessment thereof.
(4) Special immediate assistance under this Title shall not be paid abroad.
Change of aid law in material emergency
In § 37 (b) of Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 203 / 2022 Coll., the word "twenty times" is replaced by "forty times."
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
1) Paragraph 16 (9) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
2) Paragraph 15 (2) and (5) of Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and gifted pupils, as amended.
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Regulation Information
| Citation | Act No. 330 / 2024 Coll., on the exceptional support of persons affected by floods in 2024 and amending Act No. 111 / 2006 Coll., on aid in material distress, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2024 |
|---|---|
| Effective from | 08.11.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 824
The regulation text is for informational purposes only.
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